Terms and Conditions
These terms and conditions are part of the contract between finca las colinas, hereinafter “finca las colinas”, as a tourism company, and the customer. The rights and obligations of finca las colinas and the customer arise from the agreements made between finca las colinas and the customer, these terms and conditions and, in addition, from the local legal requirements.
With the booking (which is to be understood as the registration for the chosen offer), the customer makes a binding offer to finca las colinas on the conclusion of a contract. The customer can make the booking in writing by e-mail, telephone or via the booking forms provided on the finca las colinas website.
1.2 The basis of the customer’s contract offer is the tender, in particular in accordance with the current information on the homepage, on Facebook and fliers or scattered advertising, any information provided to the customer of finca las colinas, as well as these conditions. The customer is bound by the contract offer for a period of five working days.
1.3 The contract between the customer and finca las colinas is concluded with the written confirmation of the customer’s personal, telephone, written or electronic booking by finca las colinas.
1.4 If the content of finca las colinas’ written confirmation differs from the content of the booking means a new offer from finca las colinas, to which finca las colinas is bound for a period of ten days. The contract is concluded on the basis of this new offer if the customer towards finca las colinas declares acceptance within the binding period either by his express declaration or tacitly by making a payment.
1.5 Third parties registered by finca las colinas in the context of the brokerage, distribution or provision of travel services are not authorised to enter into agreements, provide information or provide assurances for finca las colinas if the tender or the content of the contract is being be changed.
1.6 The information in local, hotel or other leaflets – not issued by finca las colinas as organiser (even if these were left to the customer of finca las colinas), as well as in internet tenders of other companies are not binding for finca las colinas and their performance obligations unless they have been made by an explicit agreement with the customer on the subject of the contract or on the content of finca las colinas’ performance obligations.
1.7 If the customer applies for further participants, he shall be responsible for their contractual obligations (in particular payment of the prize) as well as for his own obligations, and in particular he will be entitled to the corresponding price regardless of the validity or legal effect of the contract with these other participants and without any objections and pleas of the contract to pay at finca las colinas’ first request.
1.8 With the booking the customer confirms that he has understood these terms and conditions and has fully acknowledged them. These terms and conditions apply to all participants.
2.1 Payment can be made online directly via Credit card/PayPal. Packages can only be booked against invoice. If booked on invoice, the amount is due 30 days prior to arrival, provided that the trip can no longer be canceled for the reason set out in paragraph 8.
2.2 If the customer does not make the payment in accordance with the agreed payment due date, finca las colinas is entitled to withdraw from the contract after request and appropriate deadline have been set. In this case, finca las colinas will charge the customer the corresponding cancellation costs in accordance with paragraph 6.
2.3 If there are less than 30 days between the booking date and the date of the trip, the price must be transferred to finca las colinas in full no later than ten days before arrival (receipt of payment at finca las colinas).
2.4 Without full payment of the price there is no entitlement to the provision of services.
3.1 For the scope of the contractual services the performance descriptions, as they have become the basis of the contract, and the information to be taken thereon and, if applicable, special requests are binding once confirmed in writing. Ancillary agreements which alter the scope of the contractual services require an express written confirmation. Finca Las Colinas expressly reserves the right to declare, for factually justified, significant and unforeseeable reasons before the conclusion of the contract, a change in the offer information which the customer is informed about before the booking self-course. A limitation of the customer’s rights is not associated with this.
3.2 The journey begins and ends – depending on the length of stay booked – to the dates of departure and arrival agreed with the customer, or, for weekly events (packages) according to The advertised start and end dates, unless otherwise agreed and confirmed in writing in the booking confirmation or in other form.
3.3 If the customer does not make use of individual services paid by him for the reasons attributable to him, Finca Las Colinas is not obligated to any partial refund, especially if it is irrelevant ancillary services.
4 Performance and price changes
4.1 Finca Las Colinas is only entitled to make changes to essential services against the agreed content of the contract, if these become necessary after conclusion of the contract, were not foreseeable by Finca Las Colinas, not contrary to faithful and As far as the changes are not significant and do not affect the overall cut of the journey. Any changes, even in the short term, are expressly reserved. Finca Las Colinas will inform the customer about significant changes in performance immediately after knowledge of the reason for change.
4.2 In the event of a significant change in an essential travel service, the customer is entitled to withdraw from the travel contract free of charge. The customer has to assert these rights within five days after the notification of Finca Las Colinas about the change of the travel performance or the cancellation of the trip at Finca Las Colinas.
5 Booking Documents
The customer is obligated to check the booking documents submitted to him for correctness and completeness, in particular the correspondence with the booking. The customer is further obliged to inform Finca Las Colinas immediately of any deviations, missing documents or other discrepancies. If the customer does not adhere to this obligation culpably, he is jointly responsible for any damage resulting therefrom.
6. Cancellation costs
6.1 The customer can withdraw from the trip at any time before the start of the journey. It is recommended to declare the withdrawal in writing.
6.2 If the customer withdraws before the start of the journey or if he does not take the journey, Finca Las Colinas may, instead of the agreed travel price, receive an appropriate compensation for the travel arrangements made up to the withdrawal and their expenses depending on the The respective travel price, provided that the resignation is not represented by Finca Las Colinas and there is no case of force majeure.
6.3 Instead of a concrete calculation according to Point 6.2, Finca Las Colinas is entitled to compensate the compensation on a staggered basis, taking into account the proximity of the date of withdrawal to the contractually agreed journey start in a percentage ratio to the Price of travel according to the following table:
Up to 31 days before arrival: free
30-15 days before arrival: 25% of the price
From the 14th to the 8th day before arrival: 50% of the travel price
From the 7th day before arrival and on non-commencement of the trip: 100% of the travel price
For the calculation of the preceding cancellation levels, the date of receipt of the customer’s declaration of resignation at Finca Las Colinas is decisive.
6.4 Certain products (such as golf packages, ceramic weeks, special workshops; this list is not exhaustive) may be subject to separate cancellation conditions, which may lead to higher costs than cancellation flat-rate as outlined in paragraph 6.3. The same can apply to special arrangements with specific offers.
6.5 The customer has the right to assign the booked services to a third party, which must fulfil all the conditions attached to the participation. The third party and the customer are jointly responsible for the payment of the price and for any additional costs incurred by this assignment.
7.1 After receipt of the booking confirmation, the customer is not entitled to any changes regarding the date of travel, accommodation or other services.
7.2 rebooking requests made by the customer in the last 30 days prior to arrival can only be carried out by resignation from the travel contract according to section 6.2 to 6.5 with simultaneous re-registration, provided that their implementation is possible at all. Be. This does not apply to rebooking requests that incur only minor costs.
8. Withdrawal due to failure to reach the minimum number of participants
Finca Las Colinas cannot withdraw from the contract due to the failure to reach a minimum number of participants, unless it
A) The minimum number of participants in the respective call for tenders and the date on which the customer must have received the declaration at the latest before the contractually agreed start, and
b) clearly indicates the minimum number of participants and the latest withdrawal period, or refers to the corresponding information in the invitation to tender.
A withdrawal must be declared to the customer at the latest on the 21st day before the agreed start. If it is already apparent at an earlier stage that the minimum number of participants cannot be reached, Finca Las Colinas will make use of your right of withdrawal immediately. If for this reason the trip is not carried out, the customer will receive payments already made immediately.
9 Services not used
If the customer does not make use of individual services which were duly offered to him during the course of the stay, for reasons attributable to him, he shall not be entitled to a proportionate refund of the price.
10 Cancellation by Finca Las Colinas
Finca Las Colinas may terminate the contract without notice if the customer, notwithstanding a warning from Finca Las Colinas, interferes with the execution of the programme or the stay in a sustainable or if it behaves in such a mass breach of contract that the The contract is justified. Announces Finca Las Colinas, finca Las Colinas reserves the right to the price.
11 Contractual provision of the services
11.1 Defect Notification
If services are not provided in accordance with the contract, the customer may request a remedy. However, the customer is obligated to immediately notify Finca Las Colinas of any defect that has occurred. If the customer does not do so culpably, no reduction of the price takes place. This obligation does not apply if an advertisement is recognizably hopeless or unacceptable for other reasons or Finca Las Colinas could not have been unclear about the deficiency. The customer is obligated to inform Finca Las Colinas of his complaint immediately. No reduction in the price is due to disturbances associated with the alimentation of electricity and water, provided that such disturbances are only temporary and are remedied within 48h. Paragraph 12 is reserved.
11.2 deadline before termination
If a customer wants to cancel the travel contract due to non-contractual provision of the service by Finca Las Colinas or for important reasons recognizable by Finca Las Colinas due to unreasonability, he has previously a reasonable period for remedy To set. This does not apply if the remedy is impossible or is refused by Finca Las Colinas or if the immediate termination of the contract is justified by a special interest of the customer recognizable by Finca Las Colinas.
12 Acts of Go
Both the customer and Finca Las Colinas have the right to terminate the contract if the journey, the Stay, the program as a result of unforeseeable force majeure is considerably more difficult, endangered or impaired. If the contract is terminated in accordance with this rule, Finca Las Colinas loses the right to the agreed price. Finca Las Colinas, however, is entitled to deduct its demonstrably incurred expenses before refunding the prize.
13 Limitation of liability
13.1 The contractual and tort liability of Finca Las Colinas is limited to the double price for damages that are not personal injury, insofar as the customer’s damage has not been caused intentionally or by gross negligence, or as far as Finca Las Colinas for is responsible for the damage caused to the customer solely because of a fault of a service-holder. This maximum liability is valid for each customer and stay.
13.2 Finca Las Colinas is not liable for performance disturbances, personal injury and property damage in connection with services that are only mediated as external services (e.g. excursions, sports events, theatre visits, exhibitions, transport services).
14 exclusion of claims
Claims for non-contractual provision of the services shall be made by the customer within one month after the contractually scheduled date of termination of the stay. At the end of the period, the customer can only assert claims if he has been prevented from complying with the deadline without fault.
15 statute of limitations
Claims for damages against Finca Las Colinas, regardless of the reason, expire within one year. The period of limitation begins at the day following the end of the booked stay.
16 choice of law and place ofjurisdiction, severability clause
16.1 The entire legal and contractual relationship between Finca Las Colinas and the customer is exclusively subject to Spanish law. The regulations of international agreements, which contain provisions that are not contractually essential, remain unaffected.
16.2 The place of jurisdiction for the assessment of any disputes arising from this contract is Lorca, Murcia.
16.3 should one or more of the above provisions be ineffective or become ineffective, this shall not affect the validity of the remaining provisions.